Tuesday, May 13, 2003

1.  State of W. Va. v. Jerry Willis Salyers -  021609 - Defendant pled guilty to 5 counts of sexual abuse in the first degree and was sentenced to 5 consecutive terms of 1 to 5 years each in the penitentiary. Defendant appeals asserting that at the time he pled, as well as sentencing, he did not have the sufficient mental capacity to freely and voluntarily understand and enter the guilty plea nor to understand the proceedings being undertaken.  - Refuse  5 - 0.

2.  Marshall Bond, Jr. & Antoinette Bond Thomas, Co-Trustees, et al. v. Philip Bond, Co-Trustee -  021815 - Petitioner co-trustee appeals the circuit court's decision to appoint two successor co-trustees to administer trust along with petitioner. Petitioner asserts that filling co-trustee vacancies is not permitted under the terms of the trust and that there is no cause to appoint additional trustees. Petitioner also appeals the court's decision regarding attorney fees. 
Grant 5 - 0. 

3. Sharon Ann Atkinson v. Donna Susan Anderson and Larry Victor Anderson -  021837 -  The petitioner appeals from a circuit court order which compelled petitioners to convey a certain parcel of land, together with a house together with a right of way for ingress and egress. - Refuse 3-2, Starcher & Albright.

4.  Richard T. McElhinney v. PSC & Consumers Gas Utility Co. -  030316 - No summary available.  -  Grant 4 - 1 ,  McGraw.

5.  Stephanie D. Baughman, et al. v. Wal-Mart Stores, Inc. -  021991- Petitioner challenges Wal-Mart's common and widespread practice of post-offer, pre-employment drug testing. The Court granted Wal-Mart's motion for summary judgment in finding that no law prohibits Wal-Mart's practices.  -  Grant 3 - 2 , Davis & Maynard. 

6.  Arnold Freeland v. WV Division of Motor Vehicles & Roger Pritt -  020910 - Petitioner appeals from the circuit court's order affirming the DMV Commissioner's one year revocation of petitioner's driver's license for refusal to submit to a secondary chemical (breath) test. Petitioner asserts that errors were committed at the DMV hearing and the Commissioner ignored critical evidence favorable to him without articulating any reasons.  - Refuse  5 - 0.

7.  State of W. Va. v. Robert Bradley Joseph - 022153 - Petitioner appeals his conviction for first degree murder, where he was sentenced to life with mercy. He asserts that the circuit court improperly excluded evidence of diminished capacity.  -  Grant 3 - 2 , Davis & Maynard. 

8.  State of W. Va. v. Barry White -  022194 - Defendant who was convicted of multiple counts of sexual assault seeks to appeal primarily on the basis of witnesses who testified regarding letters sent by petitioner to his wife. - Refuse 3-2, Starcher & Albright.

9.  Della P. Oldaker v. Erica Haller v. Oak Casualty Insurance Company - 022056 - Plaintiff appeals from the circuit court's award of summary judgment in favor of Oak Casualty Insurance Company on its motion for declaratory relief. The circuit court found that the financial responsibility requirements of W.Va. Code §17D-4-12 were met by the policy of insurance issued through the vehicle owner's insurance coverage with another insurance carrier; thus, there was no requirement that Oak Casualty make its statutory minimum limits available under the policy issued to its insured, defendant Erica Haller, regardless of whether that policy was characterized as an "owner's" or "operator's" policy. - Refuse 3-2, Starcher & McGraw.

10.  Rebecca M. Arbogast & Kevin Mark Arbogast v. Mid-Ohio Valley Medical Corp. - 022258 - Defendant in a medical negligence case appeals the circuit court's entry of judgment notwithstanding the verdict to plaintiff on the issue of liability and the granting of a new trial on damages.  -  Grant 3 - 2 , McGraw & Albright. 

11.  State of W. Va. v. Kirk N. -  022348 - This is an appeal from a juvenile delinquency proceeding. After a mistrial due to a deadlocked jury, the juvenile was adjudicated delinquent of second degree sexual assault against a physically helpless victim and of conspiracy to commit a felony. Petitioner seeks a new trial and he is presently incarcerated at the Industrial Home for Youth in Salem, West Virginia.  - Grant 4 - 1,  Maynard, (Davis, J. would grant on Issue No. 1 only.

12.  Karen Locket v. Fayette Co. Board of Education -  022213 - Vocational business teacher appeals the circuit court's order affirming the grievance board's denial of her equal pay case. She asserts that she is entitled to additional pay for certain experience in the private sector before she became a teacher.  - Grant 5 - 0. 

13.  State of W. Va. v. Charles W. Chaffin -  022214 - Defendant appeals from his conviction of first degree murder. He sentenced to life without mercy. He seeks either a remand for resentencing or, in the alternative, a commutation of his sentence to one with a recommendation of mercy. - Rescheduled to May 14. 

14.  State of W. Va. v. Darrell Lee Lane -  022343 - Petitioner appeals from his conviction of one count of Driving Under the Influence causing death, and three counts of Driving Under the Influence causing injury, which sentenced him to a term of confinement one to ten years confinement in the penitentiary to be served consecutively with one term of confinement of twelve months in the regional jail. The other two sentences were ordered to run concurrently with the first two. Petitioner appeals the admission of medical records and asks that his convictions be reversed and that he be released from custody. - Refuse 3-2, Starcher & Albright.

 

Wednesday, May 14, 2003